On motion of Senator Browning, the Journal was approved and
the further reading thereof dispensed with.

At the request of Senator Unger, and by unanimous consent, the
provisions of rule number fifty-four of the Rules of the Senate,
relating to persons entitled to the privileges of the floor, were
suspended in order to grant Jeff Y. J. Liu, Executive Officer,
Consular Division, Taipei Economic and Cultural Representative
Office in the U. S., and Bob L. J. Chen, Deputy Director, Consular
Division, Taipei Economic and Cultural Representative Office in the
U. S., privileges of the floor for the day.

The Senate proceeded to the second order of business and the
introduction of guests.

The Senate then proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4030--A Bill to amend and
reenact §50-3-2a of the Code of West Virginia, 1931, as amended,
relating to prioritizing the partial payment of costs, fines, fees,
forfeitures, restitution, penalties or other costs imposed in a
magistrate court in civil and criminal matters.

Referred to the Committee on the Judiciary; and then to the
Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2012, and
requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4068--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §11-1C-5c, relating to the valuation of antique
motor vehicles and classic motor vehicles for purposes of ad
valorem property taxes.

Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4257--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §3-2-6a, relating to voter registration for
members of the armed services, Merchant Marines, persons who, by
reason of employment or study, resides temporarily outside of the
United States, and their spouses or dependents.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. House Bill No. 4274--A Bill to amend and reenact
§46A-4-103 of the Code of West Virginia, 1931, as amended, relating
to the authority of the Commissioner of Banking over regulated
consumer lender licensees; authorizing the commissioner to impose
a fine or penalty upon a licensee for violation of chapter forty-six-a or chapter thirty-one-a of this Code or any other law or rule
that the Division of Banking is authorized to enforce that is
applicable to regulated consumer lenders; and providing for an
administrative hearing to contest a fine or penalty.

Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2012, and
requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4281--A Bill to amend and
reenact §15-2-5 of the Code fo West Virginia, 1931, as amended,
relating to the supplemental pay of members of the West Virginia
State Police.

Referred to the Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4332--A Bill to amend and
reenact §16-5V-9 of the Code of West Virginia, 1931, as amended,
relating to transfer of service credit from Public Employees
Retirement System to Emergency Medical Services Retirement System.

Referred to the Committee on Pensions; and then to the
Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4351--A Bill to amend and
reenact §15-5B-3 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated
§15-5B-6; to amend said code by adding thereto two new sections,
designated §22A-1-13a and 22A-1-40; to amend and reenact §22A-1-4,
§22A-1-14 and §22A-1-21 of said code; to amend said code by adding
thereto a new article, designated §22A-1A-1, §22A-1A-2, §22A-1A-3
and §22A-1A-4; to amend said code by adding thereto a new section,
designated §22A-2-43a; to amend and reenact §22A-2-2, §22A-2-12,
§22A-2-16, §22A-2-20, §22A-2-24, §22A-2-43, §22A-2-55 and §22A-2-66
of said code; to amend said code by adding thereto two new
sections, designated §22A-6-13 and §22A-6-14; to amend and reenact
§22A-6-4 of said code; to amend said code by adding thereto a new
section, designated §22A-7-5a; to amend and reenact §22A-7-5 of
said code; and to amend said code by adding thereto a new section,
designated §22A-12-1, all relating to mine safety, generally;
requiring coal mine operators to provide reports to and notify
certain entities in the event of an emergency; establishing a mine
safety anonymous tip hotline; exempting information provided to the
hotline from the Freedom of Information Act; permitting the
Director of the Office of Miners’ Health, Safety and Training to
share information regarding certification suspensions or
revocations with other states and to promulgate certain legislative
rules; requiring a study be conducted regarding mine inspector
qualifications, compensation, training and inspections; creating a
criminal offense and establishing criminal penalties for providing
advance notice of an inspection or an inspector’s presence at a
mine; increasing civil and criminal penalties; allowing inspectors
investigate impaired miners; creating a criminal penalty for
willful violation of mine safety laws of rules causing fatality;
providing confidentiality of certain meetings relating to
violations and mining accidents; excepting certain statements from
release under freedom of information act; providing conditions
relating to statements to director; allowing designation of certain
persons by miner family members to attend interviews and hearings
in certain circumstances and providing limitations thereto;
providing that Director to prepare list of persons to assist
families following accidents; providing for suspension of mining
certificates in certain circumstances; requiring coal mining
operators to implement substance abuse screening policy and program
for certain persons; providing procedures and minimum requirements
of substance abuse screening policy and program; requiring
substance abuse screening upon preemployment, rehiring or transfer
of miner; requiring coal mine operators to notify the Director of
the Office of Miners’ Health, Safety and Training of failed
screening tests and certain screening policy violations; allowing
operator policies to be more restrictive than minimum statutory
requirements; requiring substance abuse screening of all persons in
safety sensitive positions; requiring immediate suspension of miner
certificates as a result of suspensions or revocations for
substance abuse in other jurisdictions and reciprocity; providing
procedure for board of appeals hearings on certification
suspensions and judicial review of board decisions; providing
exemptions from and exceptions to the disclosure of substance abuse
screening results; proving rule-making on thresholds and other
protocols and requirements; providing internal effective date;
revising procedure for approval, review, comment and enforcement of
mine ventilation plans; increasing the number of days an apprentice
must work within sight and sound of mine foreman or experienced
miner; authorizing additional training when conduct creating
hazardous condition at mine; requiring methane detectors be
maintained in accordance with manufacturer specifications;
requiring periodic review copies of fire boss books by the mining
superintendent or senior person at the mine, and duties thereto;
directing director to proscribe fire boss book; revising
examination and reporting requirements relating to certain shift
inspections; increasing the percentage of rock dust to be
maintained in coal mines and providing certain information upon
request; prescribing actions required to detect and respond to
excess methane gas levels in coal mines; establishing new safety
levels and testing requirements relating to methane and providing
for rules relating thereto; prescribing requirements for persons to
operate or repair mining machinery; providing for increased
training regarding the use of self-contained self-rescue devices;
providing additional notification by coal mine operators in the
event of an accident; allowing reduction of civil penalties when
mitigating circumstances exist; authorizing board to conduct
investigation in accidents resulting in a fatality; requiring study
of and report on the safety of working or traveling in bleeder or
gob areas of certain coal mines; requiring studies of expanding
certification and mandatory substance abuse program and authorizing
emergency rule-making by the Board and Director relating thereto;
directing additional education for certain miners rights and
protections; requiring study of and report on education, training
and examination associated with certifying miners; and requiring a
study and report on enforcement procedures.

Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. House Bill No. 4357--A Bill to amend and reenact
§47-11B-9 of the Code of West Virginia, 1931, as amended, relating
to the bond required for closing-out sales, fire sales and defunct
business sales.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4392--A Bill to amend and
reenact §50-1-3, §50-1-8, §50-1-9 and §50-1-9a, of the Code of West
Virginia, 1931, as amended, all relating to generally to the
magistrate court system; providing compensation for magistrates,
magistrate assistants, magistrate court clerks and magistrate court
deputy clerks; and authorizing judges to appoint magistrate court
clerks in certain circumstances.

Referred to the Committee on the Judiciary; and then to the
Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4475--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §11-13CC-1, §11-13CC-2, §11-13CC-3, §11-13CC-4,
§11-13CC-5 and §11-13CC-6, all relating to providing a tax credit
for persons who graduate with a bachelor’s or graduate degree in
the area of science, technology, engineering, mathematics, nursing
or teaching from any regionally accredited in-state or out-of-state
higher education institution or any regionally accredited in-state
community and technical college and who thereafter continue to
reside in this state.

Referred to the Committee on Economic Development; and then to
the Committee on Finance.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4488--A Bill to amend and
reenact §7-1-1 and §7-1-1a of the Code of West Virginia, 1931, as
amended, all relating to county commissions; reforming, altering or
modifying a county commission; providing an option for the election
of additional commissioners to a county commission; setting forth
examples of county commissions; providing an option for the
election of county council members by magisterial district; and
removing the "county administrator - county commission" option of
county government as duplicative of the "county manager" option.

Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. Com. Sub. for House Bill No. 4645--A Bill to amend and
reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended,
relating to eligibility requirements for state institution of
higher education boards of governors.

Referred to the Committee on Education.

A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of

Eng. House Bill No. 4648--A Bill to amend and reenact §48-27-301 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §51-2A-2 of said code, all relating to authorizing the
Supreme Court of Appeals to utilize current judicial officers and
resources to establish and implement a domestic violence court
pilot project.

Referred to the Committee on the Judiciary.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 84--Requesting the Division of
Highways to name bridge number 8-15/4-7.10 in Widen, Clay County,
West Virginia, the “First Lieutenant Charles (Chuck) Barrett II
Memorial Bridge”.

Referred to the Committee on Transportation and
Infrastructure.

Executive Communications

The Clerk then presented a communication from His Excellency,
the Governor, advising that on February 28, 2012, he had approved
Enr. Committee Substitute for Committee Substitute for Senate Bill
No. 343.

The Senate proceeded to the fourth order of business.

Senator Tucker, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 28th day of February, 2012, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:

Com. Sub. for Senate Concurrent Resolution No. 51 (originating
in the Committee on Transportation and Infrastructure)--Requesting
the Division of Highways to name bridge number 23-11/3-0.09 on
Route 80 in Man, Logan County, West Virginia, the “Cox Joe Gollie
Memorial Bridge”.

Whereas, Mr. Joe Gollie was born on April 10, 1924, to Bruno
and Pricie (May) Gollie in Mingo County, West Virginia; and

Whereas, Mr. Joe Gollie spent most of his life in Logan
County, residing and attending schools in Man, West Virginia; and

Whereas, Mr. Gollie entered the U. S. Navy on August 4, 1942,
serving as an armed guard and, throughout his service,
participating in the Pacific, the European and the North African
theaters of operation; and

Whereas, While in the United States Navy, Mr. Joe Gollie
achieved the rank of Coxswain (Cox) and was an E-4 Boatswain’s
Mate; and

Whereas, Mr. Gollie, in 1944, was a sailor on the U. S. Armed
Merchant Vessel S. S. Andrew G. Curtain when it was sunk in action
by a German submarine on January 26, 1944, while on Murmansk Run in
the North Atlantic Ocean; and

Whereas, During the sinking of the S. S. Andrew G. Curtain,
Mr. Gollie abandoned ship in the cold waters of the North Atlantic
and was picked up by the HMS Inconstant which took him to Vaenga,
Russia, on January 28, 1944; and

Whereas, After being transported by ship to Vaenga, Russia,
Mr. Gollie was taken by tugboat to Murmansk, Russia, on January 29,
1944; and

Whereas, The S. S. Phillip Livingston took Mr. Gollie from
Murmansk, Russia, to Gourock, Scotland, arriving on March 13, 1944,
and, from here, Mr. Gollie boarded the S. S. Albert C. Ritchie on
April 1, 1944, arriving in New York on April 3, 1944; and

Whereas, Following his return to the states in April, 1944,
Mr. Gollie served on the U. S. Armed Merchant Vessel S. S. William
Webb and the U. S. Armed Merchant Vessel S. S. Charles Wilson
Peale; and

Whereas, Coxswain Joe Gollie received an honorable discharge
from the United States Navy in 1945; and

Whereas, Mr. Gollie was awarded several medals for his service
to our state, nation and world including the American Campaign
Medal, the Asiatic Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal with Bronze Star, the Good Conduct
Medal and the World War II Victory Medal; and

Whereas, When not engaged in protecting our nation, our lives
and our values, Mr. Gollie continued to serve his state and his
country as a lifelong coal miner in Logan County, West Virginia,
marrying Mildred Frances Montgomery and having two children, Joseph
S. Gollie and Sheila Rene (Combs) Gollie; and

Whereas, Mr. Joe Gollie served his country and his state with
honor and distinction and ready to give the ultimate sacrifice if
need be; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name
bridge number 23-11/3-0.09 on Route 80 in Man, Logan County, West
Virginia, the “Cox Joe Gollie Memorial Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to erect signs at both ends of the
bridge containing bold and prominent letters proclaiming the bridge
the “Cox Joe Gollie Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Commissioner
of the Division of Highways, to Mr. Gollie’s children, Joseph S.
Gollie of Danville, West Virginia, and Shelia Rene (Combs) Gollie
of Man, West Virginia, and to the Daniel Boone VFW Post 5578.

Senate Resolution No. 46--Affirming the sister-state
relationship the State of West Virginia has with the Taiwan
Province of the Republic of China.

Whereas, August 4, 2012, will mark the 32nd anniversary of a
sister-state relationship between West Virginia and Taiwan; and

Whereas, For the past 32 years, the sister-state relationship
with Taiwan has been strengthened through the efforts of the Taipei
Economic and Cultural Representative Office resulting in better
mutual understanding; and

Whereas, The Republic of China (Taiwan), with a population of
23 million, has endeavored to improve cross-Strait relations since
President Ma Ying-Jeou came to power in 2008, and it is encouraging
that seven rounds of talks have been held and 16 agreements have
been signed between Taiwan and mainland China; and

Whereas, The cross-Strait Economic Cooperation Framework
Agreement, signed on June 29, 2010, can serve as an effective
platform for cross-Strait interactions and contribute to
normalization of trade and economic relations between Taiwan and
mainland China; and

Whereas, The UN’s World Health Organization invited Taiwan to
attend the World Health Assembly in the past 3 years as an
observer, setting precedents for Taiwan’s meaningful participation
in the UN’s specialized agencies; and

Whereas, Taiwan’s absence from the international organizations
dealing with climate change like the United Nations Framework
Convention on Climate Change has impeded Taiwan’s ability to
respond to natural disasters; and

Whereas, Aviation safety is a global issue that requires all
members of the global community to take part in the ICAO in order
to best serve the interests of every passenger; and

Whereas, The Taoyuan International Airport is a key transport
hub in the Asia-Pacific region, ranked the world’s 15th largest by
cargo volume in 2008, and 365,000 Americans traveled to Taiwan for
business and leisure during 2009; and

Whereas, Given Taiwan’s prominent role in regional air control
and transport services, it would be beneficial for Taiwan to
safeguard the traveling of passengers from home and abroad;
therefore, be it

Resolved by the Senate:

That the Senate hereby affirms the sister-state relationship
the State of West Virginia has with the Taiwan Province of the
Republic of China; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Taiwan Province of the Republic of China.

At the request of Senator Browning, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Finance Com. Sub. for S. B. No. 437) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Thereafter, at the request of Senator Wells, and by unanimous
consent, the remarks by Senator Foster regarding the passage of
Engrossed Finance Committee Substitute for Senate Bill No. 437 were
ordered printed in the Appendix to the Journal.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 562) passed.

On motion of Senator Klempa, the following amendment to the
title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 562--A Bill to amend and
reenact §22-11-7b of the Code of West Virginia, 1931, as amended,
relating to establishing a public policy for narrative water
quality standards; establishing a procedure to determine compliance
with the biologic component of the narrative water quality
standard; clarifying rule-making authority; and allowing an
affected water intake owner to waive the one-half mile zone
requirement contained in water quality standards established by the
Department of Environmental Protection.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 611) passed.

On motion of Senator Barnes, the following amendment to the
title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 611--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18-21-1, §18-21-2, §18-21-3 and §18-21-4, all
relating to developing a special community-based pilot
demonstration project to help at-risk youth in West Virginia;
defining “at risk”; creating a Community-Based Pilot Demonstration
Project to Improve Outcomes for At-Risk Youth in West Virginia;
permitting the Secretary of the West Virginia Department of Health
and Human Resources to select a community-based organization to
establish a Community-Based Pilot Demonstration Project to Improve
Outcomes for At-Risk Youth if funds are available; setting forth
duties and goals of the community-based organization; requiring the
secretary and the director of the community-based organization to
make status reports to the Legislature; and setting forth other
duties of the Department of Health and Human Resources.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, February 28, 2012, for
amendments to be received on third reading, was reported by the
Clerk.

On motion of Senator Plymale, the following amendment to the
bill was reported by the Clerk:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 6D. ALTERNATIVE-FUEL MOTOR VEHICLES TAX CREDIT.

§11-6D-10. Transfer or sale of credit.

(a) For purposes of this article and notwithstanding any
provision in the code to the contrary, a governmental entity and a
nonprofit entity constitute a “taxpayer” as that term is defined in
section two of this article and are entitled to take and transfer
tax credits which are provided for in this article. Any entity may
transfer and sell the right to a tax credit issued pursuant to this
article for liquefied natural gas vehicles, compressed natural gas
vehicles, natural gas hydrocarbon and derivative vehicles and
qualified alternative-fuel vehicle refueling infrastructure to any
taxpayer, subject to the following conditions:

(1) A single transfer or sale may involve one or more
transferees, assignees or purchasers. A transfer or sale of the
credits may involve multiple transfers to one or more transferees,
assignees or purchasers.

(2) Transferors and sellers shall apply to the tax department
for approval of any transfer, sale or assignment of the tax credit.
Any amount of the tax credit that has been transferred or assigned
is subject to the same limitations and conditions that apply to
transferor’s or seller’s entitlement, use and application of the
credit. The application for sale, transfer or assignment of the
credit shall include the transferor’s tax credit balance prior to
transfer, if any, the name of the seller, the transferor’s
remaining tax credit balance after transfer, if any, all tax
identification numbers for both transferor, if any, and transferee,
the date of transfer, the amount transferred and any other
information required by the Tax Commissioner. The Tax Commissioner
shall either approve or disapprove the application for sale,
transfer or assignment of the tax credit within thirty days of
receipt of the application. In the event the Tax Commissioner
denies the application for sale, transfer or assignment of the tax
credit, the Tax Commissioner shall provide the reason for such
denial: Provided, That, the total amount of tax credits authorized
to be transferred in any one calendar year in the aggregate shall
not exceed $1 million.

(3) The Tax Commissioner may not approve the transfer or
assignment of a tax credit to a taxpayer if the seller or
transferor has an outstanding tax obligation with the state of West
Virginia.

(b) The transferee, assignee or purchaser shall apply the tax
credits as required by this article and is subject to all
conditions and limitations of this article.

(c) For purposes of this section, any proceeds received by the
transferor for its assignment or sale of the tax credits allowed
pursuant to this section are exempt from the West Virginia
consumers sales and service tax and use tax and from the
corporation net income tax and personal income tax.

(d) The purpose of this section is to authorize any entity to
take and transfer tax credits provided in this article, and
specifically allow government entities and nonprofit entities to
utilize certain tax credits issued pursuant to this article.

(a) Beginning July 1, 2012, in lieu of the motor fuels excise
taxes levied by section five of this article, there is hereby
levied a flat tax of $100 per year on liquified natural gas (LNG),
compressed natural gas (CNG) and natural gas hydrocarbon and
derivative used as motor fuel in each passenger automobile or
motorcycle, and in each pickup truck or van not exceeding one (1)
ton in capacity, using liquefied natural gas (LNG), compressed
natural gas (CNG) or natural gas hydrocarbon and derivative as
motor fuel, except that no tax shall be levied on any vehicle owned
or leased by an entity that is exempt from tax pursuant to
subdivisions (1) through (6), subsection (c), section nine of this
article.

(b) Beginning July 1, 2012, in lieu of the motor fuel excise
taxes imposed by section five or this article, there is hereby
levied a flat tax on liquified natural gas (LNG), compressed
natural gas (CNG) and natural gas hydrocarbon and derivative used
as motor fuel in a vehicle equal to $150 per year for each motor
vehicle exceeding one (1) ton in capacity, using liquified natural
gas (LNG), compressed natural gas (CNG) or natural gas hydrocarbon
and derivative as motor fuel, except that no tax shall be levied on
any vehicle owned or leased by an entity that is exempt from tax
pursuant to subdivisions (1) through (6), subsection (c), section
nine of this article.

(c) The one-year period provided for in subsections (a) and
(b) of this section shall begin on the first day of July of the
calendar year and expire at the end of the day that is the
thirtieth day of June of the next calendar year.

(d) Payment of the taxes levied by this section shall be
evidenced by a decal issued by the Tax Commissioner, which decal
shall be affixed to the lower right-hand corner of the windshield
of the vehicle. The decal shall be of a design prescribed by the
Tax Commissioner, shall be of a different color for each year of
the five-year period for which decals may be issued pursuant to
this section and shall meet any other specification reasonably
required by the Tax Commissioner.

(e) Every person owning or operating a vehicle using liquefied
natural gas, compressed natural gas or natural gas hydrocarbon and
derivative, except as otherwise provided in subsections (a) and (b)
of this section, shall make an annual application for and obtain a
decal to be issued on a yearly basis by the Tax Commissioner. The
application shall be in a form prescribed by the Tax Commissioner
that is available at the website of the State Tax Department.

(f) Every person who makes application for and receives a
decal under this section shall, at the time of making the
application, remit to the Tax Commission the total amount of the
tax due.

(g) Upon receipt of satisfactory proof by the Tax Commissioner
that it has become necessary to replace the windshield of the
vehicle for which the decal was issued, another decal shall be
issued by the Tax Commissioner as a replacement for a fee of $5.

(h) When any vehicle using liquefied natural gas, compressed
natural gas or natural gas hydrocarbon and derivative as motor fuel
and displaying a current decal as provided in this section, is sold
or ownership is otherwise transferred, the decal shall remain with
the vehicle sold or otherwise transferred, unless the equipment
installed to enable the vehicle to use liquefied petroleum gas,
liquefied natural gas, compressed natural gas or natural gas
hydrocarbon and derivative has been removed from the vehicle before
the sale or other transfer of ownership.

(i) When the equipment that allows the vehicle to use
liquefied natural gas, compressed natural gas or natural gas
hydrocarbon and derivative as motor fuel is removed before the sale
or other transfer of the vehicle, the seller or other transferor of
the vehicle shall also remove the decal required of vehicles using
liquefied natural gas, compressed natural gas or natural gas
hydrocarbon and derivative as motor fuel. The removed decal, a
receipt from the Tax Commissioner showing that the fee required has
been paid for the current year, and the payment of a $5 fee for
duplicate decal shall entitle the seller or other transferor to
make application for and obtain a new decal to be used for the
remainder of the year on any vehicle of the seller or other
transferor using liquefied natural gas, compressed natural gas or
natural gas hydrocarbon and derivative as motor fuel in accordance
with the provisions of this section.

(j) All funds derived from the taxes, fees and money penalties
imposed by this section shall be deposited in the State Road Fund.

(k) When any person fails to obtain a current decal within
thirty days of the date the decal is required as provided in this
section, there shall become due and payable a money penalty of $50
in addition to the required fee. Collections of this money penalty
shall be deposited in the State Road Fund.

(l) This section shall expire and be of no further effect on
July 1, 2017, unless this date is extended by the Legislature.

Senator Browning arose to a point of order that the amendment
offered by Senator Plymale to the bill (Com. Sub. for Com. Sub. for
S. B. No. 624) was not germane.

Which point of order, the President ruled not well taken.

At the request of Senator Unger, unanimous consent being
granted, further consideration of the bill and Senator Plymale’s
pending amendment was deferred until the conclusion of bills on
today’s third reading calendar.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 659) passed.

On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 659--A Bill to amend and
reenact §15-2D-3 of the Code of West Virginia, 1931, as amended,
relating to powers and duties of the Director of the Division of
Protective Services; requiring the director to require certain
employees of service providers with the state to submit to a
criminal background check under certain circumstances; requiring
certain service providers provide employee names to comply with
provisions of this section; requiring a clause in future contracts
to give the state powers to prohibit certain persons from certain
activities based on the results of the background check; defining
“service provider”; and designating the Director of the Division of
Protective Services as the person to whom criminal background check
information is released.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 671) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Senate Bill No. 675, Creating transfer on death deed.

On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, February 28, 2012, for
amendments to be received on third reading, was reported by the
Clerk.

On motion of Senator Tucker, the following amendment to the
bill was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 16. TRANSFER ON DEATH DEED.

§37-16-1. Definitions.

As used in this article, unless the context clearly indicates
otherwise:

(1) “Survivorship tenancy” means an ownership of real property
or any interest in real property by two or more persons that is
created by executing a deed pursuant to West Virginia law;

(2) “Survivorship tenant” means one of the owners of real
property or any interest in real property in a survivorship
tenancy;

(3) “Transfer on death designation affidavit” or “affidavit”
means an affidavit executed under this article; and

(4) “Transfer on death beneficiary” or “transfer on death
beneficiaries” means the beneficiary or beneficiaries designated in
a transfer on death designation affidavit.

§37-16-2. Transfer on death beneficiary affidavit.

(a) Any individual who, under West Virginia Code or the common
law of this state, owns real property or any interest in real
property as a sole owner, as a tenant in common, or as a
survivorship tenant, may designate the entire interest, or any
specified part that is less than the entire interest, in that real
property as transferable on death to a designated beneficiary or
beneficiaries by executing, together with the individual’s spouse,
if any, a transfer on death designation affidavit consistent with
the requirements of this article. The designation of a transfer on
death beneficiary has no effect on the present ownership of real
property, and a person designated as a transfer on death
beneficiary has no interest in the real property until the death of
the owner of the interest.

(b) Any transfer on death of real property or of an interest
in real property that results from a transfer on death designation
affidavit designating a transfer on death beneficiary is not
testamentary. That transfer on death shall supersede any attempted
testate or intestate transfer of that real property or interest in
real property. If the affidavit is executed, pursuant to this
article, by an individual together with the individual’s spouse, if
any, the rights of the spouse are subordinate to the vesting of
title to the interest in the real property in the transfer on death
beneficiary or beneficiaries designated under this article.

(c) A fee simple title or any fractional interest in a fee
simple title may be subjected to a transfer on death designation
affidavit. The affidavit shall include, at a minimum:

(1) A description of the real property the title to which is
affected by the affidavit and a reference to an instrument of
record containing that description;

(2) A statement designating one or more persons, identified by
name, as transfer on death beneficiary or beneficiaries;

(3) A statement by the individual executing the affidavit that
the individual is the person appearing on the record of the real
property as the owner of the real property or interest in the real
property at the time of the recording of the affidavit and the
marital status of that owner. If the owner is married, the
affidavit shall include a statement by the owner’s spouse stating
that the spouse’s rights are subordinate to the vesting of title to
the real property or interest in the real property in the transfer
on death beneficiary or beneficiaries designated in the affidavit;
and

(4) If less than the entire interest in the real property is
to be transferred on death under the affidavit, a statement of the
specific interest or part of the interest in the real property that
is to be so transferred.

(5) A statement by the individual executing the affidavit that
all beneficiaries and contingent beneficiaries, if any, have been
notified that the affidavit will be filed and that if they do not
act pursuant to this article to finalize the transfer before the
filing of the appraisement of the estate, West Virginia Form ET
6.01, then the interest of the deceased owner may be distributed as
part of the probate estate of the deceased owner of the interest
and the beneficiaries may lose all right to the property.

(d) A transfer on death designation affidavit may contain a
designation of one or more persons as contingent transfer on death
beneficiaries, who shall take the interest of the deceased owner
that would otherwise have passed to the transfer on death
beneficiary if that named transfer on death beneficiary does not
survive the deceased owner or is not in existence on the date of
death of the deceased owner. Persons designated as contingent
transfer on death beneficiaries shall be identified in the
affidavit by name.

(e) Any transfer on death beneficiary or contingent transfer
on death beneficiary may be a natural or legal person, including,
but not limited to, a bank as trustee of a trust, except that if
two or more transfer on death beneficiaries are designated as
survivorship tenants, all of those beneficiaries shall be natural
persons and if two or more contingent transfer on death
beneficiaries are designated as survivorship tenants, all of those
contingent beneficiaries shall be natural persons. A natural person
who is designated a transfer on death beneficiary or contingent
transfer on death beneficiary solely in that natural person’s
capacity as a trustee of a trust is not considered a natural person
for purposes of designating the transfer on death beneficiaries or
contingent transfer on death beneficiaries as survivorship tenants.

(f) The affidavit shall meet all the requirements of this
article and be recorded in the office of the clerk of the county
commission in the county in which the real property is located,
and, when so recorded, the affidavit or a certified copy of the
affidavit shall be evidence of the transfer on death beneficiary or
beneficiaries so designated in the affidavit insofar as the
affidavit affects title to the real property.

§37-16-3. Verification required.

A transfer on death designation affidavit shall be verified
before a notary public or any other person authorized to administer
oaths.

§37-16-4. Recordation.

The county commission of the county in which a transfer on
death designation affidavit is offered for recording shall receive
the affidavit and cause it to be recorded in the same manner as
deeds are recorded. The county commission shall collect a fee for
recording the affidavit in the same amount as the fee for recording
deeds. The county commission shall index the affidavit in the name
of the owner of record of the real property or interest in the real
property who executed the affidavit.

In order to be effective, the affidavit shall be recorded with
the county commission as described in this article prior to the
death of the individual who executed the affidavit.

§37-16-5. Consideration not required; revocation without consent.

A transfer on death designation affidavit need not be
supported by consideration and need not be delivered to the
transfer on death beneficiary or beneficiaries designated in the
affidavit to be effective.

The designation in a transfer on death designation affidavit
of any transfer on death beneficiary may be revoked or changed at
any time, without the consent of that transfer on death
beneficiary, by the owner of the interest or by the surviving
survivorship tenants of the interest, by executing and recording,
prior to the death of the owner of the interest or of the surviving
survivorship tenants of the interest, as the case may be, a new
transfer on death designation affidavit stating the revocation or
change in the designation. The new transfer on death designation
affidavit shall automatically supersede and revoke all prior
recorded transfer on death designation affidavits with respect to
the real property or the interest in real property identified in
the new affidavit, provided that the prior recorded affidavit was
executed before the later recorded affidavit.

§37-16-6. Transfer at death.

(a) Transfer under a transfer on death designation affidavit
must follow this section. First, the type of ownership interest
must be evaluated and the affidavit shall be treated as follows:

(1) If an individual who owns real property or an interest in
real property as a sole owner or as a tenant in common executes a
transfer on death designation affidavit, upon the death of that
individual, title to the real property or interest in the real
property specified in the affidavit vests in the transfer on death
beneficiary or beneficiaries designated in the affidavit, subject
to the other requirements in this article.

(2) If an individual who owns real property or an interest in
real property as a survivorship tenant executes a transfer on death
designation affidavit, upon the death of that individual or of one
but not all of the surviving survivorship tenants, title to the
real property or interest in the real property specified in the
affidavit vests in the surviving survivorship tenant or tenants.
Upon the death of the last surviving survivorship tenant, title to
the real property or interest in the real property vests in the
transfer on death beneficiary or beneficiaries designated in the
last surviving survivorship tenant’s affidavit, if any, subject to
the other requirements in this article.

(b) Transfer then occurs as follows and subject to the
following conditions:

(1) An interest of a deceased owner shall be transferred to
the transfer on death beneficiaries who are identified in the
affidavit by name and who survive the deceased owner or that are in
existence on the date of the deceased owner’s death. If there is a
designation of more than one transfer on death beneficiary, the
beneficiaries shall take title to the interest in equal shares as
tenants in common, unless the deceased owner has specifically
designated other than equal shares or has designated that the
beneficiaries take title as survivorship tenants.

(2) If a transfer on death beneficiary does not survive the
deceased owner or is not in existence on the date of the deceased
owner’s death, and the deceased owner has designated one or more
persons as contingent transfer on death beneficiaries, the
designated contingent transfer on death beneficiaries shall take
the same interest that would have passed to the transfer on death
beneficiary had that transfer on death beneficiary survived the
deceased owner or been in existence on the date of the deceased
owner’s death.

(3) If none of the designated transfer on death beneficiaries
survives the deceased owner or is in existence on the date of the
deceased owner’s death and no contingent transfer on death
beneficiaries have been designated or have survived the deceased
owner, or are in existence on the date of death of the deceased
owner, the interest of the deceased owner shall be distributed as
part of the probate estate of the deceased owner of the interest.

(4) If there are two or more transfer on death beneficiaries
and the deceased owner has designated that title to the interest in
the real property be taken by those beneficiaries as survivorship
tenants, no designated contingent transfer on death beneficiaries
shall take title to the interest unless none of the transfer on
death beneficiaries survives the deceased owner on the date of
death of the deceased owner.

(5) If the owners hold title to the interest in a survivorship
tenancy, the death of all except the last survivorship tenant
automatically terminates and nullifies any transfer on death
beneficiary designations made solely by the deceased survivorship
tenant or tenants without joinder by the last surviving
survivorship tenant. The termination or nullification of any
transfer on death beneficiary designations is effective as of the
date of death of a deceased survivorship tenant. No affirmative act
of revocation is required of the last surviving survivorship tenant
for the termination or nullification of the transfer on death
beneficiary designations to occur. If the last surviving
survivorship tenant dies with no transfer on death beneficiary
designation, the entire interest of that last surviving
survivorship tenant shall be distributed as part of the last
surviving survivorship tenant’s probate estate.

(6) A transfer on death beneficiary takes only the interest
that the deceased owner or owners of the interest held on the date
of death, subject to all encumbrances, reservations, exceptions and
any previously created life estate or other similar estate in land.
No rights of any lien holder, including, but not limited to, any
deed of trust, judgment creditor or mechanic’s lien holder, shall
be affected by the designation of a transfer on death beneficiary.
If any lien holder takes action to enforce the lien, by foreclosure
or otherwise through a court proceeding, it is not necessary to
join any transfer on death beneficiary whose interest has not
vested as a party defendant in the action, unless the transfer on
death beneficiary has another interest in the real property.

(c) Upon the death of an individual who executed a transfer on
death affidavit, the transfer of a deceased owner’s real property
or interest in real property as designated in a transfer on death
affidavit shall be recorded by presenting to the clerk of the
county commission of the county in which the real property is
located and filing with that county an affidavit of confirmation
executed by any transfer on death beneficiary to whom the transfer
is made. The affidavit of confirmation shall be filed no later
than the filing of the appraisement of the estate, West Virginia
Form ET 6.01. If the affidavit of confirmation is not filed before
the filing of the appraisement of the state, West Virginia Form ET
6.01, then the executor or administrator of the estate shall send
notice to the then-living named beneficiaries or contingent
beneficiaries, if any, by certified mail stating that they have
thirty days from the date of postage to file an affidavit of
confirmation or the interest will be distributed as part of the
probate estate. If an affidavit of confirmation is not filed
within thirty days of the date of postage of the notice required in
the preceding sentence, then the interest of the deceased owner
shall be distributed as part of the probate estate of the deceased
owner of the interest. Any affidavit of confirmation shall be
verified before a notary public or other person authorized to
administer oaths and shall be accompanied by a certified copy of
the death certificate for the deceased owner. The affidavit of
confirmation shall contain all of the following information:

(1) The name and address of each transfer on death beneficiary
who survived the deceased owner or that is in existence on the date
of death of the deceased owner. If a named beneficiary was
designated as a transfer on death beneficiary solely in that
person’s capacity as a trustee of a trust and that trustee
subsequently has been replaced by a successor trustee, the
affidavit of confirmation shall include the name and address of the
successor trustee and shall be accompanied by a copy of a recorded
successor trustee affidavit;

(2) The date of death of the deceased owner;

(3) A description of the subject real property or interest in
real property; and

(4) The name of each transfer on death beneficiary who has not
survived the deceased owner or that is not in existence on the date
of death of the deceased owner.

(d) The affidavit of confirmation shall be accompanied by a
certified copy of the death certificate for each transfer on death
beneficiary who has not survived the deceased owner.

(e) The clerk of the county commission shall make an index
reference in the record of deeds to any affidavit of confirmation
filed with the county commission pursuant to this section.

§37-16-7. Named beneficiary must survive to be effective.

Upon the death of any individual who owns real property or an
interest in real property that is subject to a transfer on death
beneficiary designation made under a transfer on death designation
affidavit as provided in this article, that real property or
interest in real property of the deceased owner shall be
transferred to the transfer on death beneficiary or beneficiaries
who are identified in the affidavit by name and who survive the
deceased owner or that are in existence on the date of death of the
deceased owner. If no such beneficiary survives, the real property
or interest in real property of the deceased owner shall be
transferred to the contingent transfer on death beneficiary or
beneficiaries, if any, who are identified in the affidavit by name
and who survive the deceased owner or that are in existence on the
date of death of the deceased owner. If no beneficiaries or
contingent beneficiaries survive the deceased owner, then the
interest of the deceased owner shall be distributed as part of the
probate estate of the deceased owner of the interest.

§37-16-8. Special beneficiary determination for named trustee.

For purposes of this article, if a natural or legal person
designated by name in the affidavit as a transfer on death
beneficiary or as a contingent transfer on death beneficiary solely
in that person’s capacity as a trustee of a trust has died, has
resigned or otherwise has been replaced by a successor trustee of
the trust on the date of death of the deceased owner, the successor
trustee of the trust shall be considered the transfer on death
beneficiary or contingent transfer on death beneficiary in
existence on the date of death of the deceased owner in full
compliance with this article, notwithstanding that the successor
trustee is not named as a transfer on death beneficiary or
contingent transfer on death beneficiary in the affidavit.

§37-16-9. Liberally construed.

Any transfer on death designation affidavit containing
language that shows a clear intent to designate a transfer on death
beneficiary shall be liberally construed to do so. Any
survivorship clause in a deed recorded before or after the
effective date of this statute in an office of the clerk of a
county commission that attempts to create a right of survivorship
tenancy, but otherwise fails, and shows a clear intent to designate
a beneficiary to receive the property upon death of one or more co-tenants by survivorship shall be liberally construed to be an
effective affidavit under this statute.

The execution and recording of a transfer on death designation
affidavit shall be effective to terminate the designation of a
transfer on death beneficiary in a transfer on death deed involving
the same real property or interest in real property and recorded
prior to the effective date of this section.

§37-16-10. Criminal penalties for falsifying an affidavit.

Any person who knowingly and intentionally makes any false
statement in any affidavit required by this article is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than $1,000 or confined in jail for not more than one year, or both
fined and confined.

The bill, as just amended, was ordered to engrossment.

Engrossed Senate Bill No. 675 was then read a third time and
put upon its passage.

On third reading, coming up in deferred order, with Senator
Plymale’s amendment to the bill pending, and with the right having
been granted on yesterday, Tuesday, February 28, 2012, for
amendments to be received on third reading, was again reported by
the Clerk.

At the request of Senator Plymale, and by unanimous consent,
Senator Plymale’s amendment to the bill (shown in the Senate
Journal of today pages 36 to 42, inclusive) was withdrawn.

On motion of Senator Plymale, the following substitute
amendment to the bill was reported by the Clerk:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 6D. ALTERNATIVE-FUEL MOTOR VEHICLES TAX CREDIT.

§11-6D-10. Transfer or sale of credit.

(a) For purposes of this article and notwithstanding any
provision in the code to the contrary, a governmental entity and a
nonprofit entity constitute a “taxpayer” as that term is defined in
section two of this article and are entitled to take and transfer
tax credits which are provided for in this article. Any entity may
transfer and sell the right to a tax credit issued pursuant to this
article for liquefied natural gas vehicles, compressed natural gas
vehicles, natural gas hydrocarbon and derivative vehicles and
qualified alternative-fuel vehicle refueling infrastructure to any
taxpayer, subject to the following conditions:

(1) A single transfer or sale may involve one or more
transferees, assignees or purchasers. A transfer or sale of the
credits may involve multiple transfers to one or more transferees,
assignees or purchasers.

(2) Transferors and sellers shall apply to the tax department
for approval of any transfer, sale or assignment of the tax credit.
Any amount of the tax credit that has been transferred or assigned
is subject to the same limitations and conditions that apply to
transferor’s or seller’s entitlement, use and application of the
credit. The application for sale, transfer or assignment of the
credit shall include the transferor’s tax credit balance prior to
transfer, if any, the name of the seller, the transferor’s
remaining tax credit balance after transfer, if any, all tax
identification numbers for both transferor, if any, and transferee,
the date of transfer, the amount transferred and any other
information required by the Tax Commissioner. The Tax Commissioner
shall either approve or disapprove the application for sale,
transfer or assignment of the tax credit within thirty days of
receipt of the application. In the event the Tax Commissioner
denies the application for sale, transfer or assignment of the tax
credit, the Tax Commissioner shall provide the reason for such
denial: Provided, That, the total amount of tax credits authorized
to be transferred by governmental entities and nonprofit entities
in any one calendar year in the aggregate shall not exceed $1
million.

(3) The Tax Commissioner may not approve the transfer or
assignment of a tax credit to a taxpayer if the seller or
transferor has an outstanding tax obligation with the state of West
Virginia.

(b) The transferee, assignee or purchaser shall apply the tax
credits as required by this article and is subject to all
conditions and limitations of this article.

(c) For purposes of this section, any proceeds received by the
transferor for its assignment or sale of the tax credits allowed
pursuant to this section are exempt from the West Virginia
consumers sales and service tax and use tax and from the
corporation net income tax and personal income tax.

(d) The purpose of this section is to authorize any entity to
take and transfer tax credits provided in this article, and
specifically allow government entities and nonprofit entities to
utilize certain tax credits issued pursuant to this article.

(a) Beginning July 1, 2012, in lieu of the motor fuels excise
taxes levied by section five of this article, there is hereby
levied a flat tax of $100 per year on liquified natural gas (LNG),
compressed natural gas (CNG) and natural gas hydrocarbon and
derivative used as motor fuel in each passenger automobile or
motorcycle, and in each pickup truck or van not exceeding one (1)
ton in capacity, using liquefied natural gas (LNG), compressed
natural gas (CNG) or natural gas hydrocarbon and derivative as
motor fuel, except that no tax shall be levied on any vehicle owned
or leased by an entity that is exempt from tax pursuant to
subdivisions (1) through (6), subsection (c), section nine of this
article.

(b) Beginning July 1, 2012, in lieu of the motor fuel excise
taxes imposed by section five or this article, there is hereby
levied a flat tax on liquified natural gas (LNG), compressed
natural gas (CNG) and natural gas hydrocarbon and derivative used
as motor fuel in a vehicle equal to $150 per year for each motor
vehicle exceeding one (1) ton in capacity, using liquified natural
gas (LNG), compressed natural gas (CNG) or natural gas hydrocarbon
and derivative as motor fuel, except that no tax shall be levied on
any vehicle owned or leased by an entity that is exempt from tax
pursuant to subdivisions (1) through (6), subsection (c), section
nine of this article.

(c) The one-year period provided for in subsections (a) and
(b) of this section shall begin on the first day of July of the
calendar year and expire at the end of the day that is the
thirtieth day of June of the next calendar year.

(d) Payment of the taxes levied by this section shall be
evidenced by a decal issued by the Tax Commissioner, which decal
shall be affixed to the lower right-hand corner of the windshield
of the vehicle. The decal shall be of a design prescribed by the
Tax Commissioner, shall be of a different color for each year of
the five-year period for which decals may be issued pursuant to
this section and shall meet any other specification reasonably
required by the Tax Commissioner.

(e) Every person owning or operating a vehicle using liquefied
natural gas, compressed natural gas or natural gas hydrocarbon and
derivative, except as otherwise provided in subsections (a) and (b)
of this section, shall make an annual application for and obtain a
decal to be issued on a yearly basis by the Tax Commissioner. The
application shall be in a form prescribed by the Tax Commissioner
that is available at the website of the State Tax Department.

(f) Every person who makes application for and receives a
decal under this section shall, at the time of making the
application, remit to the Tax Commission the total amount of the
tax due.

(g) Upon receipt of satisfactory proof by the Tax Commissioner
that it has become necessary to replace the windshield of the
vehicle for which the decal was issued, another decal shall be
issued by the Tax Commissioner as a replacement for a fee of $5.

(h) When any vehicle using liquefied natural gas, compressed
natural gas or natural gas hydrocarbon and derivative as motor fuel
and displaying a current decal as provided in this section, is sold
or ownership is otherwise transferred, the decal shall remain with
the vehicle sold or otherwise transferred, unless the equipment
installed to enable the vehicle to use liquefied petroleum gas,
liquefied natural gas, compressed natural gas or natural gas
hydrocarbon and derivative has been removed from the vehicle before
the sale or other transfer of ownership.

(i) When the equipment that allows the vehicle to use
liquefied natural gas, compressed natural gas or natural gas
hydrocarbon and derivative as motor fuel is removed before the sale
or other transfer of the vehicle, the seller or other transferor of
the vehicle shall also remove the decal required of vehicles using
liquefied natural gas, compressed natural gas or natural gas
hydrocarbon and derivative as motor fuel. The removed decal, a
receipt from the Tax Commissioner showing that the fee required has
been paid for the current year, and the payment of a $5 fee for
duplicate decal shall entitle the seller or other transferor to
make application for and obtain a new decal to be used for the
remainder of the year on any vehicle of the seller or other
transferor using liquefied natural gas, compressed natural gas or
natural gas hydrocarbon and derivative as motor fuel in accordance
with the provisions of this section.

(j) All funds derived from the taxes, fees and money penalties
imposed by this section shall be deposited in the State Road Fund.

(k) When any person fails to obtain a current decal within
thirty days of the date the decal is required as provided in this
section, there shall become due and payable a money penalty of $50
in addition to the required fee. Collections of this money penalty
shall be deposited in the State Road Fund.

(l) This section shall expire and be of no further effect on
July 1, 2017, unless this date is extended by the Legislature.

Following discussion,

The question being on the adoption of Senator Plymale’s
amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 624),
the same was put.

The result of the voice vote being inconclusive, Senator
McCabe demanded a division of the vote.

A standing vote being taken, there were nineteen “yeas” and
thirteen “nays”.

Whereupon, the President declared Senator Plymale’s amendment
to the bill adopted.

Thereafter, at the request of Senator Wells, and by unanimous
consent, the remarks by Senator McCabe regarding the adoption of
Senator Plymale’s amendment to the bill (Com. Sub. for Com. Sub.
for S. B. No. 624) were ordered printed in the Appendix to the
Journal.

The bill, as just amended, was ordered to engrossment.

Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 624 was then read a third time and put upon its
passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 624) passed.

On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 624--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §11-6D-10; and to amend said code
by adding thereto a new section, designated §11-14C-5a, all
relating generally to use of alternative-fuel motor vehicles;
permitting transfer of tax credits for purchase of alternative-fuel
vehicles, conversion to an alternative-fuel vehicle or construction
of alternative-fuel vehicle infrastructure; providing method of
collection of motor fuel excise taxes when liquified natural gas,
compressed natural gas or natural gas hydrocarbon and derivative
are used as motor fuel; and specifying expiration date.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.